NRS 333.335 Proposals:
Evaluation; factors to be considered before making an award; relative weight of
factors; special procedures if contract is being awarded for Public Employees’
Benefits Program; confidentiality.

NRS 333.3361 Preference
for bid or proposal submitted by local business owned by veteran with
service-connected disability: Definitions.

NRS 333.3362 Preference
for bid or proposal submitted by local business owned by veteran with
service-connected disability: “Business owned by a veteran with a
service-connected disability” defined.

NRS 333.3363 Preference
for bid or proposal submitted by local business owned by veteran with
service-connected disability: “Local business” defined.

NRS 333.3364 Preference
for bid or proposal submitted by local business owned by veteran with
service-connected disability: “State purchasing contract” defined.

NRS 333.3365 Preference
for bid or proposal submitted by local business owned by veteran with
service-connected disability: “Veteran with a service-connected disability”
defined.

NRS 333.3366 Preference
for bid or proposal submitted by local business owned by veteran with
service-connected disability: Amount of preference.

NRS 333.3367 Preference
for bid or proposal submitted by local business owned by veteran with
service-connected disability: Fraudulent acts committed in applying for
preference.

NRS 333.3368 Preference
for bid or proposal submitted by local business owned by veteran with
service-connected disability: Duty of Purchasing Division to report to
Legislature.

NRS 333.3369 Preference
for bid or proposal submitted by local business owned by veteran with
service-connected disability: Regulations.

NRS 333.337 Contracts
entered into pursuant to this chapter must be in writing and signed by each
party.

NRS 333.340 Award
of contract or order for goods: Determination of lowest responsible bidder;
written statement to be provided if contract or order is not awarded to lowest
bidder.

NRS 333.350 Contracts
for separate items or portions or groups of items or for portions or groups of
portions of project; rejection of all bids or proposals; necessary open market
purchases; withdrawal of bid or proposal; records of bids and proposals.

NRS 333.355 Administrator
of Purchasing Division may request check or bond to accompany bid or proposal.

NRS 333.469 Use
of facilities of Purchasing Division by Legislative and Judicial Departments
and Civil Air Patrol; duties of Administrator.

NRS 333.470 Use
of facilities of Purchasing Division by Nevada System of Higher Education,
local governments and districts; duties of Administrator.

NRS 333.480 Purchase
and acquisition of supplies, materials or equipment from vendor who has entered
into agreement with General Services Administration or certain other
governmental agencies; contractor’s license required for agreement.

NRS 333.810 Purchases
and contracts made contrary to provisions of chapter void; liability of state
officers and employees; exception.

NRS 333.820 Purchase
of information system or system of communication for use by response agency.

_________

_________

GENERAL PROVISIONS

NRS 333.010Short title.This
chapter shall be known and cited as the State Purchasing Act.

[1:333:1951]

NRS 333.020Definitions.As
used in this chapter, unless the context otherwise requires:

1. “Administrator” means the Administrator
of the Purchasing Division.

2. “Best value” means the greatest
possible economy consistent with grades or qualities of supplies, materials, equipment
and services that are adapted to the purposes to be served.

3. “Director” means the Director of the
Department of Administration.

4. “Invitation to bid” means a written
statement which sets forth the requirements and specifications of a contract to
be awarded by competitive selection.

5. “Proprietary information” means:

(a) Any trade secret or confidential business
information that is contained in a bid or proposal submitted on a particular
contract; or

(b) Any other trade secret or confidential
business information submitted in a bid or proposal and designated as
proprietary by the Administrator.

Ê As used in
this subsection, “confidential business information” means any information
relating to the amount or source of any income, profits, losses or expenditures
of a person, including data relating to cost or price submitted in support of a
bid or proposal. The term does not include the amount of a bid or proposal.

6. “Purchasing Division” means the
Purchasing Division of the Department of Administration.

7. “Purchasing officer” means a person who
is authorized by the Administrator or a using agency to participate in:

(a) The evaluation of bids or proposals for a contract;

(b) Any negotiations concerning a contract; or

(c) The development, review or approval of a
contract.

8. “Request for proposals” means a written
statement which sets forth the requirements and specifications of a contract to
be awarded by competitive selection.

10. “Using agencies” means all officers,
departments, institutions, boards, commissions and other agencies in the
Executive Department of the State Government which derive their support from
public money in whole or in part, whether the money is provided by the State of
Nevada, received from the Federal Government or any branch, bureau or agency
thereof, or derived from private or other sources. The term does not include
the Nevada Rural Housing Authority, the Housing Division of the Department of
Business and Industry, local governments as defined in NRS 354.474, conservation districts,
irrigation districts and the Nevada System of Higher Education.

11. “Volunteer fire department” means a
volunteer fire department which pays premiums for industrial insurance pursuant
to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

1. A working knowledge of purchasing
methods and procedures, including the techniques of specification writing.

2. The ability to obtain and interpret
market prices and trends, and to apply such interpretations to procurement
problems.

3. A minimum of 12 years of practical
experience in purchasing, merchandising, stock control and methods of inventory
management.

[6:333:1951]—(NRS A 1963, 1051)

NRS 333.100Assistants: Number; qualifications.

1. The Administrator shall have such
technical and clerical assistance as the execution of the Administrator’s
duties requires.

2. Technical assistants shall have a
minimum of 6 years of practical experience in purchasing, merchandising, stock
control and methods of inventory management.

[Part 7:333:1951]—(NRS A 1963, 1051)

NRS 333.110Offices of Purchasing Division.Suitable
office space shall be furnished to the Purchasing Division for the performance
of the duties provided in this chapter.

[Part 7:333:1951]—(NRS A 1963, 1051)

NRS 333.120State Purchasing Fund: Creation; amount; use.

1. The State Purchasing Fund, in the sum
of $1,250,000 is hereby created as an internal service fund for the use of the
Administrator in purchasing supplies, materials and equipment and services.

2. Except as otherwise provided in
subsection 3, the Administrator may withdraw from the State Purchasing Fund an
amount not to exceed $150,000 per year and is hereby authorized to expend that
amount to pay the cost to the Purchasing Division of providing methods for
purchasing or leasing pursuant to this chapter by the use of forms in
electronic format through a computer system or network or through the Internet,
or its successor, if any.

3. The Administrator shall not withdraw
money pursuant to subsection 2 if the withdrawal would reduce the balance of
the State Purchasing Fund below $500,000.

4. If the Administrator makes a withdrawal
pursuant to subsection 2, the maximum balance of the State Purchasing Fund is
permanently reduced by the amount of the withdrawal.

NRS 333.125Temporary transfers from State General Fund to State Purchasing
Fund.Whenever claims payable and
properly approved exceed the amount of the cash in the State Purchasing Fund,
the State Controller may transfer temporarily from the State General Fund to
the State Purchasing Fund such amount as may be required to pay the claims, but
not to exceed the lesser of:

1. The amount receivable from using
agencies and political subdivisions as certified by the Purchasing Division;

2. The maximum balance of the State
Purchasing Fund, if reduced pursuant to subsection 4 of NRS
333.120; or

1. The establishment and membership of
committees to evaluate proposals;

2. Notices that must be given to persons
who submit proposals before and after a contract is awarded;

3. The confidentiality of information
submitted in proposals and any communication between a person who submits a
proposal and the chief of a using agency, the Administrator of the Purchasing
Division or a member of a committee to evaluate proposals;

NRS 333.140Policy of securing best value.The
Administrator, in all his or her purchasing and property control activities,
shall pursue a policy of securing the best value for supplies, materials,
equipment and services.

NRS 333.150Purchases or contracts for rental or lease for using agencies.The Administrator shall:

1. Purchase or contract for all supplies,
materials and equipment; and

2. Contract for the rental or lease of
equipment,

Ê needed by
any using agency, unless otherwise provided by law.

[11:333:1951]—(NRS A 1963, 1052; 1981, 367)

NRS 333.155Regulations concerning purchase of new equipment: Consideration
of renting equipment and contracting for service to maintain equipment.The Administrator shall adopt regulations
which set forth standards to be used by using agencies when purchasing new
equipment in order to determine:

1. Whether the equipment can be leased or
rented at a cost that is equal to or less than the cost of purchasing the
equipment; and

2. If a service is required to maintain
the equipment, whether the service would be performed more efficiently by the
agency or a private contractor.

NRS 333.165Contracts for services: Duty of Administrator to act on behalf
of using agency; authority of using agency to contract; requests for assistance
by using agency.

1. Except as otherwise provided by
specific statute, the Administrator shall contract for services whose estimated
value is $100,000 or more, and may authorize a using agency to contract for
such services if he or she determines that to do so would be in the best
interests of the State.

2. A using agency may contract for
services if the estimated value of the services is less than $100,000. The
Administrator may, upon the request of a using agency, contract for such
services on behalf of the agency if he or she determines that to do so would be
in the best interests of the State.

3. The Administrator shall, upon the
request of a using agency, provide assistance to the using agency for any
contract for services whose estimated value is less than $100,000.

4. For the purposes of this section, a
contract for goods and services whose estimated value:

(a) Is $100,000 or more, shall be deemed a
contract for services; or

(b) Is less than $100,000, shall be deemed a
contract for goods with respect to that part of the contract that represents
goods. Those goods must be procured in a manner authorized by the
Administrator.

NRS 333.175Administrator may exempt purchases by Department of Corrections
from Offenders’ Store Fund from provisions of chapter.The
Administrator may exempt from the provisions of this chapter purchases made by
the Department of Corrections, with money from the Offenders’ Store Fund, for
the provision and maintenance of canteens for offenders.

NRS 333.177Duty of Purchasing Division to report to Office of Economic
Development concerning local emerging small businesses. [Effective January 1,
2014.]

1. The Purchasing Division shall submit a
report every 6 months to the Office. The report must include, without
limitation, for the period since the last report:

(a) The number of local emerging small businesses
that the Purchasing Division solicited to submit a bid or proposal to the
Purchasing Division on a state purchasing contract;

(b) The number of local emerging small businesses
that submitted a bid or proposal on a state purchasing contract;

(c) The number of state purchasing contracts that
were awarded by the Purchasing Division to local emerging small businesses;

(d) The total number of dollars’ worth of state
purchasing contracts that were awarded by the Purchasing Division to local
emerging small businesses;

(e) Whether each goal established by the Office
pursuant to NRS 231.1407 has been
achieved;

(f) For each goal established by the Office
pursuant to NRS 231.1407 that has not
been achieved, information on all efforts undertaken by the Purchasing Division
to achieve the goals in the current fiscal year and a proposed plan for
achieving the goals in the subsequent fiscal year; and

(g) Any other information deemed relevant by the
Office.

2. The report required pursuant to
subsection 1 must be submitted within 30 days after:

(a) The end of each fiscal year; and

(b) The end of each calendar year.

3. As used in this section:

(a) “Local emerging small business” has the
meaning ascribed to it in NRS 231.1402.

NRS 333.190Inspection of purchased commodities; material or service found
to be defective or not as specified; receiving reports.

1. The Administrator shall provide for
inspection of all commodities purchased.

2. If, before final acceptance, any
equipment, material, supply or service is found to be defective or not as
specified, the Administrator may:

(a) Reject it and require the seller to correct
the defect without charge; or

(b) Require delivery of the equipment, material,
supply or service at a reduction in cost.

3. A receiving report must be submitted by
a using agency to certify the receipt of commodities and must show the quantity
and quality delivered. A claim for payment for commodities must not be passed
for payment without certification.

NRS 333.195Donation of certain supplies, materials and equipment to certain
organizations.The Administrator
may donate supplies, materials and equipment that he or she determines have
reached the end of their useful lives to any organization described in NRS 372.3261.

1. The Administrator shall cause to be
maintained perpetual inventory records of all supplies and materials stored
centrally.

2. The Administrator shall:

(a) Control the stocks of supplies and materials
on hand, the storing and issuance of supplies and materials, and the
distributing of the costs of supplies and materials used.

(b) Produce information, as and when required,
respecting quantities on hand, quantities purchased over a specified period,
quantities used over a specified period by each using agency, quantities
supplied by vendors specified for specified periods, unit prices, average
prices and experience with the vendors supplying the different classes of supplies.

(c) Price supplies and materials when purchased
and when charged out of stock as used.

(d) Transfer surplus supplies and materials to
points where they can be used advantageously.

1. Supplies, materials and equipment
purchased for the various using agencies shall be reduced to the practicable
minimum of types, styles and sizes. The Administrator shall be responsible for
developing and executing a progressive program of establishing standards. The
Administrator may call upon any department or officer having technical
facilities available, for assistance in the formulation of such standards.

2. Standard specifications shall be
developed and adopted after consultation with the heads of the various using
agencies, who shall assist in formulating such specifications. Such
specifications shall be sufficiently complete and precise:

(a) To insure that all vendors bid on the same
basis.

(b) To make effective testing and inspection
possible.

(c) To attract the maximum competition
practicable with due consideration of suitability of products.

(d) To describe the methods of testing or
inspection.

Ê A
specification file containing all approved specifications shall be maintained
by the Administrator.

(a) Provide for classification of the personal
property of the State in the possession of the using agencies.

(b) Establish a process for identification of all
such property.

(c) Maintain records of that property.

(d) Except as otherwise provided in this
paragraph, determine which items of that property must be listed by each using
agency pursuant to subsection 4. Any item which had an original cost of not
less than the amount established by regulation of the State Board of Examiners
and which has a useful life of more than 2 years must be included on the list.

2. Each using agency shall submit to the
Purchasing Division a list on or before the last day of each month of all
personal property for which it is responsible which was lost, stolen, exchanged
or deemed excess. The list must include all forfeited personal property which
was received by the using agency and all personal property which was donated to
the using agency within the previous month. The list must be prepared by the
officer entrusted with custody of the property and be approved by the officer’s
supervisor or the head of his or her department or agency. A monthly physical
count is not required for the preparation of the list.

3. The Administrator may transfer any
personal property or forfeited personal property in the possession of a using
agency to another governmental agency within the State or to an entity that is
eligible to acquire federal donable surplus property, if that property is not
necessary for the use of the using agency.

4. The records of personal property of the
State must be maintained at all times to show the officers entrusted with the
custody thereof and transfers of that property between those officers. Each
using agency shall conduct an annual physical count of all personal property
charged to it and reconcile the results of the annual physical count with the
records of inventory maintained by the Administrator. The Administrator shall
maintain the current records of inventory for each state agency.

5. The Administrator shall adopt
regulations which:

(a) Prescribe the procedure by which personal
property may be condemned and disposed of, if of no further use to the State.

(b) Provide that condemned property which the
Administrator has not transferred to another governmental agency or entity that
is eligible to acquire federal donable surplus property and which has an
appraised value over $1,000 may be sold at a public auction. At least once
within 15 days before the auction, the Administrator shall publish or cause to
be published in a newspaper circulated in the area in which the sale is made a
notice of the auction and a description of the property to be sold.

6. For the purposes of sale, the
Administrator or a designated agent of the Administrator shall determine the
value of personal property which is of no further use to the State. The
Administrator may request the assistance of any department or officer having
technical expertise regarding any such property to determine the value of the
property.

7. The Administrator may elect to
refurbish, in whole or in part, personal property which is of no further use to
the State if the Administrator determines that refurbishment will increase the
value of the property in an amount that exceeds the cost of the refurbishment.
The Purchasing Division is entitled to reimbursement for the cost of
refurbishment from the proceeds of the sale of the property.

NRS 333.230Central supply services.The
Administrator may maintain and operate central supply services at any center,
including a central warehouse or storeroom service.

[37:333:1951]—(NRS A 1963, 1055)

PROCEDURES FOR STATE PURCHASING

NRS 333.250Classification of commodities; schedules of purchases by
classes.

1. The Administrator shall classify for
purchasing purposes all commodities for which there is sufficient demand to
justify periodic purchasing in anticipation of needs. Commodities of the same
nature, ordinarily secured from the same sources of supply and which can
advantageously be scheduled for purchase at the same time of year, according to
favorable market conditions, shall be included in the same class.

2. The rules shall provide, so far as
practicable, for the scheduling of purchases, by commodity classes, so as to
distribute the volume of purchasing work as evenly as may be over the entire
year and so as best to meet the requirements of the several spending agencies
of the State, while taking advantage of favorable market conditions and
avoiding unnecessary tying up of funds.

3. Copies of schedules of purchases to be
made shall be supplied to the several using agencies and to interested vendors.

[14:333:1951]—(NRS A 1963, 1055)

NRS 333.260Estimates of requirements.

1. The Administrator shall determine the
requirements of supplies and materials of the using agencies according to
records of past experience, and according to estimates of anticipated requirements
furnished by the various using agencies. The Administrator shall set up and
maintain current cumulative purchase records of all materials and supplies
purchased for the using agencies.

2. Prior to the scheduled date for
purchasing any class of commodities, the Administrator shall make estimates of
requirements among all the using agencies using the commodities included in
that class. The Administrator may make the estimates by summarizing the
requisitions of materials and supplies submitted by the using agencies.

3. Using agencies requiring information
such as prices, specifications, and the procurement of any supplies, materials
and equipment for present or future needs shall obtain this information through
the Administrator.

[15:333:1951]—(NRS A 1963, 1055; 1969, 641)

NRS 333.270Determination of quantity to be purchased of each commodity
after receipt of estimate of requirements.Upon
receipt of the estimates of requirements from the using agencies, the
Administrator shall cause them to be summarized by classes for all agencies.
The Administrator shall then, with the consideration of the quantity of each
commodity in stock, market conditions and probable future market conditions,
determine or cause to be determined the quantity of each commodity to be
purchased.

[16:333:1951]—(NRS A 1963, 1056)

NRS 333.280Contract for furnishing supplies, materials and equipment:
Period and form; extension. [Effective through December 31, 2013.]

1. Except as otherwise provided in this
subsection, the Administrator may enter into a contract using a standard form of
contract, by advertising in accordance with the provisions of NRS 333.310, for the furnishing of supplies, materials
and equipment for not more than 2 years. If an extended contractual period is
necessary to promote the use of a manufacturing process which emphasizes the
efficient use of energy or to promote the manufacture of products which use
recycled materials, the Administrator may enter into such a contract for not
more than 3 years.

2. The original terms of a contract may be
extended annually thereafter if the conditions for extension are specified in
the original solicitation, and the Administrator determines that an extension
is in the best interest of the State.

NRS 333.280Contract for furnishing
supplies, materials and equipment: Period and form; extension. [Effective
January 1, 2014.]

1. Except as otherwise provided in this
subsection, the Administrator may enter into a contract using a standard form
of contract, by solicitation in accordance with the provisions of NRS 333.300 or by advertising in accordance with the
provisions of NRS 333.310, for the furnishing of
supplies, materials and equipment for not more than 2 years. If an extended
contractual period is necessary to promote the use of a manufacturing process
which emphasizes the efficient use of energy or to promote the manufacture of
products which use recycled materials, the Administrator may enter into such a
contract for not more than 3 years.

2. The original terms of a contract may be
extended annually thereafter if the conditions for extension are specified in
the original solicitation, and the Administrator determines that an extension
is in the best interest of the State.

NRS 333.290Use of materials, supplies or products of state institutions:
Contents of advertisement for bids.

1. Every advertisement for bids covering
any class of materials or supplies that any charitable, reformatory or penal
institution of the State is prepared to supply, in whole or in part, through
the labor of inmates, shall carry a statement that the Administrator reserves
the right to secure such materials or supplies from any such institution or
institutions, to the extent that they can be secured of equal quality and at
prices not higher than those of the lowest acceptable bid received in response
to such advertisement.

2. All institutions’ products meeting
these conditions shall be utilized to the extent available, before orders are
placed under contracts or otherwise.

1. Except as otherwise provided in NRS 333.375, the Administrator shall give reasonable
notice, by advertising and by written notice provided to persons in a position
to furnish the classes of commodities involved, as shown by its records, of all
proposed purchases of supplies, materials and equipment to be purchased in
accordance with a schedule prepared in conformity with the provisions of NRS 333.250.

2. All such materials, supplies and
equipment, except as otherwise provided in this section, if the estimated cost
thereof exceeds $50,000 must be purchased by formal contract from the lowest
responsible bidder after notice inviting the submission of sealed proposals to
the Administrator of the Purchasing Division at the date, hour and location set
forth in the proposal, and at that date, hour and location the proposals must
be publicly opened. The Purchasing Division may reject any or all proposals, or
may accept the proposal determined best for the interest of the State. The
notice must be published as prescribed in NRS 333.310.

3. In case of emergencies caused by acts
of God or the national defense or other unforeseeable circumstances, the
provisions for advertisements on competitive bids may be waived by the
Administrator, but every effort must be made to secure the maximum competitive
bidding under the circumstances. In no case may contracts be awarded until
every possible effort has been made to secure at least three bona fide
competitive bids.

4. In awarding contracts for the purchase
of supplies, materials and equipment, if two or more lowest bids are identical,
the Administrator shall:

(a) If the lowest bids are by bidders resident in
the State of Nevada, accept the proposal which, in the discretion of the
Administrator, is in the best interests of this State.

(b) If the lowest bids are by bidders resident
outside the State of Nevada:

(1) Accept the proposal of the bidder who
will furnish goods or commodities produced or manufactured in this State; or

(2) Accept the proposal of the bidder who
will furnish goods or commodities supplied by a dealer resident in the State of
Nevada.

1. Except as otherwise provided in NRS 333.375, the Administrator shall give reasonable
notice, by advertising and by written notice provided to persons in a position
to furnish the classes of commodities involved, as shown by its records, of all
proposed purchases of supplies, materials and equipment to be purchased in
accordance with a schedule prepared in conformity with the provisions of NRS 333.250.

2. All such materials, supplies and
equipment, except as otherwise provided in this section, if the estimated cost
thereof exceeds $50,000, must be purchased by formal contract from the lowest
responsible bidder after notice inviting the submission of sealed proposals to
the Administrator of the Purchasing Division at the date, hour and location set
forth in the proposal, and at that date, hour and location the proposals must
be publicly opened. The Purchasing Division may reject any or all proposals, or
may accept the proposal determined best for the interest of the State. The
notice must be published as prescribed in NRS 333.310.

3. The Administrator may solicit the
purchase of materials, supplies and equipment, if the estimated cost thereof is
$50,000 or less, by written contract from the lowest responsible bidder if
notice of the proposed purchase is provided to:

(a) At least three persons in a position to
furnish the materials, supplies or equipment; and

(b) The Office of Economic Development.

4. In case of emergencies caused by acts
of God or the national defense or other unforeseeable circumstances, the
provisions for advertisements on competitive bids may be waived by the
Administrator, but every effort must be made to secure the maximum competitive
bidding under the circumstances. In no case may contracts be awarded until
every possible effort has been made to secure at least three bona fide
competitive bids.

5. In awarding contracts for the purchase
of supplies, materials and equipment, if two or more lowest bids are identical,
the Administrator shall:

(a) If the lowest bids are by bidders resident in
the State of Nevada, accept the proposal which, in the discretion of the
Administrator, is in the best interests of this State.

(b) If the lowest bids are by bidders resident
outside the State of Nevada:

(1) Accept the proposal of the bidder who
will furnish goods or commodities produced or manufactured in this State; or

(2) Accept the proposal of the bidder who
will furnish goods or commodities supplied by a dealer resident in the State of
Nevada.

NRS 333.310Advertisements for bids or proposals: Contents and publication.

1. An advertisement must contain a general
description of the classes of commodities or services for which a bid or
proposal is wanted and must state:

(a) The name and location of the department,
agency, local government, district or institution for which the purchase is to
be made.

(b) Where and how specifications and quotation
forms may be obtained.

(c) If the advertisement is for bids, whether the
Administrator is authorized by the using agency to be supplied to consider a
bid for an article that is an alternative to the article listed in the original
request for bids if:

(1) The specifications of the alternative
article meet or exceed the specifications of the article listed in the original
request for bids;

(2) The purchase of the alternative
article results in a lower price; and

(3) The Administrator deems the purchase
of the alternative article to be in the best interests of the State of Nevada.

(e) The date and time not later than which
responses must be received by the Purchasing Division.

(f) The date and time when responses will be
opened.

Ê The
Administrator or a designated agent of the Administrator shall approve the copy
for the advertisement.

2. Each advertisement must be published:

(a) In at least one newspaper of general
circulation in the State. The selection of the newspaper to carry the
advertisement must be made in the manner provided by this chapter for other
purchases, on the basis of the lowest price to be secured in relation to the
paid circulation; and

NRS 333.311Request for proposals to include minimum requirements for
awarding contract; award of contract to noncomplying bidder prohibited.Each request for proposals must include
minimum requirements that the successful bidder must meet for the awarding of a
contract pursuant to the provisions of this chapter. A contract may not be
awarded to a bidder who does not comply with the requirements set forth in the
request for proposals.

1. The Administrator may use on-line
bidding to receive proposals or bids in response to a request for proposals or
invitation to bid.

2. A request for proposals or invitation
to bid for which proposals or bids may be submitted pursuant to subsection 1
must designate a date and time at which proposals or bids may be submitted and
may designate a date and time after which proposals or bids will no longer be
received.

3. The Administrator may require bidders
to:

(a) Register before the date and time at which
proposals or bids may be submitted; and

(b) Agree to terms, conditions or requirements of
the request for proposals or invitation to bid to facilitate on-line bidding.

4. The procedures established by the
Administrator for the purposes of conducting on-line bidding must not conflict
with the provisions of this chapter.

5. As used in this section, “on-line
bidding” means a process by which bidders submit proposals or bids for a
contract on a secure website on the Internet or its successor, if any, which is
established and maintained for that purpose.

NRS 333.315Cost of providing service to be determined including all costs
related to contract, including monitoring or reviewing private contractor.If a contract for the provision of a service
furnished by a using agency is awarded through the process of competitive
bidding, the bid or proposal of a using agency or the cost of furnishing the
service through a using agency must be determined by including all costs
related to the contract, including a reasonable estimate of any costs of a
using agency for monitoring or reviewing a contract with a private contractor.

NRS 333.320Specification for bids for supplying state institutions:
Requirements.The specification
for bids for the supplying of any commodity in quantity, to meet the combined
requirements or estimated requirements of the institutions of the State, shall
show the quantity thereof required or estimated to be required for each
institution and shall stipulate that bids will be accepted for the whole
quantity and for the quantity for each institution. Bids may be made on any
item or items or quantity or quantities of any item or items.

1. Except as otherwise provided in
subsection 2 and NRS 239.0115,
proprietary information regarding a trade secret does not constitute public
information and is confidential.

2. A person shall not disclose proprietary
information regarding a trade secret unless the disclosure is made for the
purpose of a civil, administrative or criminal investigation or proceeding, and
the person receiving the information represents in writing that protections
exist under applicable law to preserve the integrity, confidentiality and
security of the information.

NRS 333.335Proposals: Evaluation; factors to be considered before making an
award; relative weight of factors; special procedures if contract is being
awarded for Public Employees’ Benefits Program; confidentiality.

1. Each proposal must be evaluated by:

(a) The chief of the using agency, or a committee
appointed by the chief of the using agency in accordance with the regulations
adopted pursuant to NRS 333.135, if the proposal is
for a using agency; or

(b) The Administrator of the Purchasing Division,
or a committee appointed by the Administrator in accordance with the
regulations adopted pursuant to NRS 333.135, if the
Administrator is responsible for administering the proposal.

2. A committee appointed pursuant to
subsection 1 must consist of not less than two members. A majority of the
members of the committee must be state officers or employees. The committee may
include persons who are not state officers or employees and possess expert
knowledge or special expertise that the chief of the using agency or the
Administrator of the Purchasing Division determines is necessary to evaluate a
proposal. The members of the committee are not entitled to compensation for
their service on the committee, except that members of the committee who are
state officers or employees are entitled to receive their salaries as state
officers and employees. No member of the committee may have a financial
interest in a proposal. If the contract is being awarded for the Public
Employees’ Benefits Program, the Executive Officer of the Program may observe
the activities of the committee, but may not vote or otherwise participate in
the evaluation.

3. In making an award, the chief of the
using agency, the Administrator of the Purchasing Division or each member of
the committee, if a committee is established, shall consider and assign a score
for each of the following factors for determining whether the proposal is in
the best interests of the State of Nevada:

(a) The experience and financial stability of the
person submitting the proposal;

(b) Whether the proposal complies with the
requirements of the request for proposals as prescribed in NRS 333.311;

(c) The price of the proposal; and

(d) Any other factor disclosed in the request for
proposals.

4. The chief of the using agency, the
Administrator of the Purchasing Division or the committee, if a committee is
established, shall determine the relative weight of each factor set forth in
subsection 3 before a request for proposals is advertised. The weight of each
factor must not be disclosed before the date proposals are required to be
submitted.

5. Except as otherwise provided in this
subsection, the chief of the using agency, the Administrator of the Purchasing
Division or the committee, if a committee is established, shall award the
contract based on the best interests of the State, as determined by the total
scores assigned pursuant to subsection 3, and is not required to accept the
lowest-priced proposal. If the contract is being awarded for the Public
Employees’ Benefits Program, the Administrator of the Purchasing Division or
the committee, if a committee is established, shall submit recommendations for
awarding the contract to the Board for the Public Employees’ Benefits Program,
which shall award the contract in accordance with NRS 287.04345.

6. Except as otherwise provided in NRS 239.0115, each proposal evaluated
pursuant to the provisions of this section is confidential and may not be
disclosed until the contract is awarded.

NRS 333.3361Preference for bid or proposal submitted by local business owned
by veteran with service-connected disability: Definitions.As used in NRS
333.3361 to 333.3369, inclusive, unless the
context otherwise requires, the words and terms defined in NRS 333.3362 to 333.3365,
inclusive, have the meanings ascribed to them in those sections.

NRS 333.3362Preference for bid or proposal submitted by local business owned
by veteran with service-connected disability: “Business owned by a veteran with
a service-connected disability” defined.“Business
owned by a veteran with a service-connected disability” has the meaning
ascribed to it in NRS 338.13841.

NRS 333.3364Preference for bid or proposal submitted by local business owned
by veteran with service-connected disability: “State purchasing contract”
defined.“State purchasing contract”
means a contract awarded pursuant to the provisions of this chapter.

NRS 333.3365Preference for bid or proposal submitted by local business owned
by veteran with service-connected disability: “Veteran with a service-connected
disability” defined.“Veteran with
a service-connected disability” has the meaning ascribed to it in NRS 338.13843.

NRS 333.3366Preference for bid or proposal submitted by local business owned
by veteran with service-connected disability: Amount of preference.For the purpose of awarding a formal contract
solicited pursuant to subsection 2 of NRS 333.300,
if a local business owned by a veteran with a service-connected disability
submits a bid or proposal and is a responsive and responsible bidder, the bid
or proposal shall be deemed to be 5 percent lower than the bid or proposal
actually submitted.

NRS 333.3367Preference for bid or proposal submitted by local business owned
by veteran with service-connected disability: Fraudulent acts committed in
applying for preference.

1. If the Purchasing Division determines
that a business has made a material misrepresentation or otherwise committed a
fraudulent act in applying for a preference described in NRS 333.3366, the business is thereafter permanently
prohibited from:

(a) Applying for or receiving the preference
described in NRS 333.3366; and

(b) Bidding on a state purchasing contract.

2. If the Purchasing Division determines,
as described in subsection 1, that a business has made a material
misrepresentation or otherwise committed a fraudulent act in applying for a
preference described in NRS 333.3366, the business
may apply to the Administrator to review the decision pursuant to chapter 233B of NRS.

NRS 333.3368Preference for bid or proposal submitted by local business owned
by veteran with service-connected disability: Duty of Purchasing Division to
report to Legislature.The
Purchasing Division shall report every 6 months to the Legislature, if it is in
session, or to the Interim Finance Committee, if the Legislature is not in
session. The report must contain, for the period since the last report:

1. The number of state purchasing
contracts that were subject to the provisions of NRS
333.3361 to 333.3369, inclusive.

2. The total dollar amount of state
purchasing contracts that were subject to the provisions of NRS 333.3361 to 333.3369,
inclusive.

3. The number of local businesses owned by
veterans with service-connected disabilities that submitted a bid or proposal
on a state purchasing contract.

4. The number of state purchasing
contracts that were awarded to local businesses owned by veterans with
service-connected disabilities.

5. The total number of dollars’ worth of
state purchasing contracts that were awarded to local businesses owned by
veterans with service-connected disabilities.

6. Any other information deemed relevant
by the Director of the Legislative Counsel Bureau.

NRS 333.3369Preference for bid or proposal submitted by local business owned
by veteran with service-connected disability: Regulations.The Purchasing Division may adopt such
regulations as it determines to be necessary or advisable to carry out the
provisions of NRS 333.3361 to 333.3369, inclusive. The regulations may include,
without limitation, provisions setting forth:

1. The method by which a business may
apply to receive a preference described in NRS
333.3366;

2. The documentation or other proof that a
business must submit to demonstrate that it qualifies for a preference
described in NRS 333.3366; and

3. Such other matters as the Purchasing
Division deems relevant.

Ê In carrying
out the provisions of this section, the Purchasing Division shall, to the
extent practicable, cooperate and coordinate with the State Public Works
Division of the Department of Administration so that any regulations adopted
pursuant to this section and NRS
338.13847 are reasonably consistent.

NRS 333.337Contracts entered into pursuant to this chapter must be in
writing and signed by each party.Each
person who is authorized pursuant to the provisions of this chapter to enter
into any contract on behalf of this state shall ensure that the contract is
reduced to writing and signed by each party to the contract.

(4) Except as otherwise provided in
subparagraph (5), the conformity of the articles to be supplied with the
specifications.

(5) If the articles are an alternative to
the articles listed in the original request for bids, whether the advertisement
for bids included a statement that bids for an alternative article will be
considered if:

(I) The specifications of the
alternative article meet or exceed the specifications of the article listed in
the original request for bids;

(II) The purchase of the alternative
article results in a lower price; and

(III) The Administrator deems the
purchase of the alternative article to be in the best interests of the State of
Nevada.

(6) The purposes for which the articles to
be supplied are required.

(7) The dates of delivery of the articles
to be supplied.

2. If a contract or an order is not
awarded to the lowest bidder, the Administrator shall provide the lowest bidder
with a written statement which sets forth the specific reasons that the
contract or order was not awarded to him or her.

3. As used in this section, “total cost of
ownership” includes, but is not limited to:

(a) The history of maintenance or repair of the
articles;

(b) The cost of routine maintenance and repair of
the articles;

(c) Any warranties provided in connection with
the articles;

(d) The cost of replacement parts for the
articles; and

(e) The value of the articles as used articles
when given in trade on a subsequent purchase.

NRS 333.350Contracts for separate items or portions or groups of items or
for portions or groups of portions of project; rejection of all bids or
proposals; necessary open market purchases; withdrawal of bid or proposal;
records of bids and proposals.

1. A contract may be awarded for separate
items or portions or groups of items, or for separate portions or groups of
portions of a project, as the best interest of the State requires.

2. If, in the judgment of the
Administrator, no satisfactory:

(a) Bid has been received, the Administrator may
reject all bids and shall promptly advertise for new bids as provided in this
chapter. Until a satisfactory contract is awarded, the Administrator may make
as many open market purchases of the commodities involved as are urgently
needed to meet the requirements.

(b) Proposal has been received, the Administrator
may reject all proposals and may advertise for new proposals as provided in
this chapter.

3. The Administrator may allow a person to
withdraw his or her bid or proposal without penalty if:

(a) The Administrator believes that an obvious
error has been made by the person which would cause him or her financial
hardship; and

(b) The contract has not yet been awarded.

4. Each bid or proposal and the name of
the person making the bid or proposal must be entered on a record. The record,
with the name of the successful bidder or proposer indicated thereon, must,
after the award of the contract, be open to public inspection.

NRS 333.355Administrator of Purchasing Division may request check or bond
to accompany bid or proposal.

1. The Administrator may request that a
certified check, cashier’s check or bond, in an amount not to exceed 5 percent
of the total value of the bid or proposal, accompany a bid or proposal, if the
request applies to each person who submits a bid or proposal.

2. No division or department of the State
is liable for any expense incurred by or loss of income sustained by any person
because of a request made pursuant to subsection 1.

NRS 333.360Performance bonds; Administrator of Purchasing Division may
require check or bond before entering into contract.

1. A bond furnished by a surety company
authorized to do business in this state may be required by the Administrator
for the proper performance of the contract. The Administrator may request a
certified check, cashier’s check or bond, in an amount not to exceed the total
amount of the contract, before entering into a contract with a person who
submits a successful bid or proposal.

2. No division or department of the State
is liable for any expense incurred by or loss of income sustained by any person
because of a request made pursuant to subsection 1.

1. A person who has entered into a
contract with the Purchasing Division or another agency of this state and who
does not perform according to the terms of the contract is liable for, in
addition to any other applicable damages for breach of contract, a penalty of
not more than 5 percent of the total value of the bid or contract. The penalty
must be recovered in a civil action upon the complaint of the Administrator in
any court of competent jurisdiction. In addition to recovering the penalty and
any other applicable damages, the Administrator may refuse to accept a bid from
the person or refuse to award a contract to the person, or both, for not more
than 2 years.

2. If the Administrator does not bring an
action to recover the penalty prescribed by subsection 1, he or she may:

(a) Refuse to accept a bid from the person,
refuse to award a contract to the person, or both, for not more than 2 years;
and

(b) Impose an administrative penalty, in an
amount not to exceed 5 percent of the total value of the bid or contract. Such
a penalty may be recovered only after notice is given to the person by mail.

3. A penalty imposed pursuant to
subsection 1 or 2 may be deducted from any payment due the person or, if a bond
has been issued or a check received, a claim may be made against the bond or
check. If no payment is due and no bond was issued or check received, the
Administrator may issue a claim for payment of the penalty. The claim must be
paid within 30 days.

1. A person who makes an unsuccessful bid
or proposal may file a notice of appeal with the Purchasing Division and with
the Hearings Division of the Department of Administration within 10 days after:

(a) The date of award as entered on the bid
record; and

(b) The notice of award has been posted in at
least three public buildings, including the location of the using agency.

Ê The notice
of appeal must include a written statement of the issues to be addressed on
appeal.

2. A person filing a notice of appeal must
post a bond with good and solvent surety authorized to do business in this
state or submit other security, in a form approved by the Administrator by
regulation, to the Purchasing Division, who shall hold the bond or other
security until a determination is made on the appeal. Except as otherwise provided
in subsection 3, a bond posted or other security submitted with a notice of
appeal must be in an amount equal to 25 percent of the total value of the
successful bid submitted.

3. If the total value of the successful
bid cannot be determined because the total requirements for the contract are
estimated as of the date of award, a bond posted or other security submitted
with a notice of appeal must be in an amount equal to 25 percent of the
estimated total value of the contract. Upon request, the Administrator shall
provide:

(a) The estimated total value of the contract; or

(b) The method for determining the estimated
total value of the contract,

Ê based on
records of past experience and estimates of anticipated requirements furnished
by the using agency.

4. Within 20 days after receipt of the
notice of appeal, a hearing officer of the Hearings Division of the Department
of Administration shall hold a contested hearing on the appeal in substantial
compliance with the provisions of NRS
233B.121 to 233B.1235,
inclusive, 233B.125 and 233B.126. The successful bidder must be
given notice of the hearing in the same manner as the person who filed the
notice of appeal. The successful bidder may participate in the hearing.

5. The hearing officer may cancel the
award for lack of compliance with the provisions of this chapter. A
cancellation of the award requires readvertising for bids and a new award in
accordance with the provisions of this chapter.

6. A notice of appeal filed in accordance
with the provisions of this section operates as a stay of action in relation to
any contract until a determination is made by the hearing officer on the
appeal.

7. A person who makes an unsuccessful bid
or proposal may not seek any type of judicial intervention until the hearing
officer has made a determination on the appeal.

8. The Administrator may make as many open
market purchases of the commodities or services as are urgently needed to meet
the requirements of the Purchasing Division or the using agency until a
determination is made on the appeal. With the approval of the Administrator,
the using agency may make such purchases for the agency.

9. Neither the State of Nevada, nor any
agency, contractor, department, division, employee or officer of the State is
liable for any costs, expenses, attorney’s fees, loss of income or other
damages sustained by a person who makes an unsuccessful bid or proposal,
whether or not the person files a notice of appeal pursuant to this section.

10. If the appeal is upheld and the award
is cancelled, the bond posted or other security submitted with the notice of
appeal must be returned to the person who posted the bond or submitted the
security. If the appeal is rejected and the award is upheld, a claim may be
made against the bond or other security by the Purchasing Division and the
using agency to the Hearings Division of the Department of Administration in an
amount equal to the expenses incurred and other monetary losses suffered by the
Purchasing Division and the using agency because of the unsuccessful appeal.
The hearing officer shall hold a hearing on the claim in the same manner as
prescribed in subsection 4. Any money not awarded by the hearing officer must
be returned to the person who posted the bond or submitted the security.

NRS 333.372Regulations concerning forms of security to be submitted with
notice of appeal.The
Administrator shall adopt regulations specifying the forms of security which
may be submitted with a notice of appeal filed pursuant of NRS 333.370.

NRS 333.375Award of contract to nonprofit organization or agency for
training and employment of persons with mental or physical disabilities.

1. The provisions of NRS 331.100 notwithstanding, and in
accordance with the Program to Encourage and Facilitate Purchases by Agencies
of Commodities and Services From Organizations established pursuant to NRS 334.025, the Purchasing Division may
award without accepting competitive bids a contract for services or the
purchase of commodities to nonprofit organizations or agencies whose primary
purpose is the training and employment of persons with a mental or physical
disability, including, without limitation, a provider of jobs and day training
services certified pursuant to NRS 435.130
to 435.310, inclusive.

2. A nonprofit organization or agency
that:

(a) Wishes to submit a bid for such a contract
must:

(1) Register with the Rehabilitation
Division of the Department of Employment, Training and Rehabilitation as
required pursuant to NRS 334.025; and

(2) Establish a fair-market price for
those services or commodities by conducting a market survey and must include
the survey with the bid submitted to the Purchasing Division.

(b) Is awarded such a contract must report
quarterly to the Rehabilitation Division as required pursuant to NRS 334.025.

3. As used in this section, “nonprofit
organization or agency” means an organization or agency that is recognized as
exempt pursuant to the provisions of 26 U.S.C. § 501(c)(3).

NRS 333.380Rules of Administrator to provide procedure for unscheduled or
emergency purchases and purchases with money from State Purchasing Fund.Rules of the Administrator must provide the
procedure for:

1. The purchase of commodities not
scheduled under this chapter.

2. Emergency purchases, defining
emergencies and stating the conditions under which emergency purchases may be
made, by an agency not specifically authorized by statute to establish its own
procedure for emergency purchases.

1. Except as otherwise provided in NRS 333.435, the Administrator may authorize local
purchasing by using agencies, in accordance with the rules of procedure, of
individual orders for items not scheduled for quantity purchasing, not to
exceed $5,000 for each order, except for the repair, replacement and
installation of parts for heavy equipment, not to exceed $15,000 for each
order, at no higher prices than specified in the orders authorizing the local
purchasing. The Administrator may authorize purchasing at higher prices if
perishable articles are involved and to meet other emergency requirements.

2. The prices of the local purchases must
be based on considerations of equal service and economy as compared with those
in furnishing the same items of equal quality through the regular purchasing
procedure.

3. Each authorization must:

(a) Be revocable.

(b) Specify the limit of spending for individual
orders not to exceed $5,000, except for the repair, replacement and
installation of parts referred to in subsection 1.

(c) Specify the articles to be purchased.

(d) Be operative for not longer than 1 year after
the date of issue.

4. A using agency that receives an
authorization shall keep a record of:

(a) Its accounts and expenditures pursuant to
that authority; and

(b) Evidence indicating that every effort has
been made to secure competitive bidding to the extent practicable.

NRS 333.395Contracts with certificated interstate or intrastate carriers of
persons or property; informal quotations of rates.

1. Nothing in this chapter prohibits the
Administrator or a using agency from contracting for interstate or intrastate
carriage of persons or property with a certificated common or contract carrier
at the rates set forth in the officially approved tariff of such carrier.

2. Nothing in this section prohibits the
Administrator or a using agency from soliciting informal rate quotations.

(Added to NRS by 1969, 1057)

NRS 333.400Purchase of commodities out of schedule: Quotations to be
obtained; exceptions.

1. Every effort shall be made to obtain
quotations from three or more vendors when commodities are to be purchased out
of schedule, except when standard equipment parts for which prices are
established must be obtained from the manufacturer of the equipment or his or
her agent or when the article needed is a patented or proprietary one and
therefore obtainable from only one source of supply.

2. Urgent requests for immediate
purchasing shall be discouraged as much as is practicable.

3. When supplies, materials and equipment
urgently are required and time does not permit the obtaining of written
quotations, the Administrator may obtain quotations by telephone or otherwise,
but such quotations shall be confirmed in writing, and records of all
quotations so obtained shall be made on the relative purchase requisitions.

[29:333:1951]—(NRS A 1963, 1059)

NRS 333.410Quotations to be secured from state institutions; preference to
products.So far as practicable,
quotations shall be secured from institutions of the State whenever commodities
or services are to be secured of kinds that they are prepared to supply through
the labor of inmates, and preference shall be given to the products of such
institutions, price, quality and time of delivery being considered.

[30:333:1951]

NRS 333.420Delivery of supplies, material and equipment: Memoranda of
shipments and invoices to be transmitted by seller.Every
person, firm or corporation making or causing to be made any delivery of
supplies, materials or equipment to any using agency of the State pursuant to
any contract or order, whether oral or written, and whether made by the
Administrator or by any other officer or agency of the State, promptly shall:

1. Transmit to the agency to which such
delivery is made a memorandum of shipment, showing the number of, or other
identifying reference to, the contract or order number under which the delivery
is made and containing a statement of the commodities shipped and the
quantities thereof.

2. Submit an invoice to the Administrator
on the form and in the number of copies prescribed by the Administrator or
under the authority of the Administrator.

[33:333:1951]—(NRS A 1963, 1059)

NRS 333.430Cooperation of two or more departments in securing supplies:
Distribution of expense.Two or
more departments may unite in cooperative work along lines germane to the
functions of such departments and otherwise secure from each other supplies;
and the heads thereof may agree among themselves on the distribution of the
expense to be incurred, subject to the approval of the Administrator or a
designated agent of the Administrator.

[38:333:1951]—(NRS A 1963, 1059)

NRS 333.435Purchase of prescription drugs, pharmaceutical services or
medical supplies by using agency.

1. Except as otherwise provided in
subsection 2, a using agency shall purchase prescription drugs, pharmaceutical
services, or medical supplies and related services, or any combination thereof,
only through the Purchasing Division.

2. A using agency may, on its own behalf
or in cooperation with one or more other using agencies or other governmental
entities within or outside this State, purchase prescription drugs,
pharmaceutical services, or medical supplies and related services from an
entity other than the Purchasing Division if the using agency or using agencies
or other governmental entities, as applicable, can obtain the best value for prescription
drugs, pharmaceutical services, or medical supplies and related services from
the other entity and the Purchasing Division is unable to match or exceed that
best value in a timely manner.

3. If a using agency purchases
prescription drugs, pharmaceutical services, or medical supplies and related
services from an entity other than the Purchasing Division pursuant to
subsection 2, the using agency shall report to the Purchasing Division, within
10 days after the initial purchase:

(a) The purchase price for the prescription
drugs, pharmaceutical services, or medical supplies and related services; and

(b) The name, address and telephone number of the
entity that sold the using agency the prescription drugs, pharmaceutical
services, or medical supplies and related services.

NRS 333.450Payment of claims for supplies, materials, equipment and
services; annual assessment of fee for procurement and inventory services;
regulations.

1. Except as otherwise provided in NRS 227.185, claims for supplies,
materials, equipment and services purchased pursuant to the provisions of this
chapter must, when approved by the Administrator, be paid in the same manner as
other claims against the State are required to be paid.

2. The Administrator shall annually assess
each using agency a fee for the procurement and inventory services provided by
the Purchasing Division to the using agency. The fee must be based on the using
agency’s use of the procurement and inventory services of the Purchasing
Division during preceding years. The Administrator shall adjust the formula for
calculating the fee each biennium.

3. If an agency is not a using agency, the
Administrator shall assess a fee of not more than the cost to the Division to
process the order for the agency.

4. The Administrator may adopt regulations
to carry out the provisions of this section.

NRS 333.460Payment by using agency by transfer or warrant.Within 5 working days after the receipt of
supplies, materials and equipment, each state officer, department, institution,
board, commission or agency shall authorize the State Controller to draw money
by transfer or warrant from the using agency’s account for payment of the
claim.

NRS 333.4603Definitions.As
used in this section and NRS 333.4606 and 333.4609, unless the context otherwise requires:

1. “Postconsumer waste” means a finished
material which would normally be disposed of as a solid waste having completed
its life cycle as a consumer item.

2. “Recycled paper product” means all
paper and wood-pulp products containing in some combination at least 50 percent
of its total weight:

(a) Postconsumer waste; and

(b) Secondary waste,

Ê but does not
include fibrous waste generated during the manufacturing process such as fibers
recovered from wastewater or trimmings of paper machine rolls, wood slabs,
chips, sawdust or other wood residue from a manufacturing process.

3. “Secondary waste” means fragments of
products or finished products of a manufacturing process, which has converted a
virgin resource into a commodity of real economic value.

1. The Administrator shall review and
revise the specifications for procuring goods and products for the using
agencies to eliminate discrimination against the procurement or purchase of
recycled products whenever the quality of a recycled product is reasonably
equal to the same product manufactured with virgin resources. Except for
specifications which have been established to preserve the public health and
safety, all specifications for procurement must be established in a manner
which results in the maximum procurement and purchase of recycled products.

2. When purchasing goods and products for
the using agencies, the Administrator shall give preference to recycled
products if:

(a) The product meets the applicable standards;

(b) The product can be substituted for a
comparable nonrecycled product; and

(c) The product costs no more than a comparable
nonrecycled product.

3. When purchasing goods and products for
the using agencies, the Administrator may give preference to recycled products
if:

(a) The product meets the applicable standards;

(b) The product can be substituted for a
comparable nonrecycled product; and

(c) The product costs no more than 5 percent more
than a comparable nonrecycled product.

4. To encourage the use of postconsumer
waste, a bidder who manufactures a product in Nevada that contains postconsumer
waste shall be deemed to be the lowest bidder if:

(a) At least 50 percent of the product, by
weight, contains postconsumer waste;

(b) The product complies with the applicable standards;
and

(c) The amount of the bid is not more than 10
percent higher than the bid of any other bidder.

1. After consultation with the State
Department of Conservation and Natural Resources, the Administrator shall adopt
regulations governing the bidding procedure and specifications for paper and
paper products purchased by the Purchasing Division that encourage the maximum
purchase of recycled paper products. The specifications must give preference to
recycled paper products manufactured with the highest percentage of recycled
material.

2. When purchasing any paper or paper
products for use by a using agency, the Administrator shall purchase recycled
paper products if the specific recycled paper product is:

(a) Available at a price not more than that of
paper products made from virgin material;

(b) Of adequate quality; and

(c) Available to the purchaser within a
reasonable period.

3. When purchasing any paper or paper
products for use by a using agency, the Administrator may purchase recycled
paper products if the specific recycled paper product is:

(a) Available at a price not more than 10 percent
higher than that of paper products made from virgin material;

1. The Administrator shall adopt
regulations which set forth standards to be used by using agencies when
purchasing new appliances, equipment, lighting and other devices that use
electricity, natural gas, propane or oil. Except as otherwise provided in
subsection 2, the standards must require that such new appliances, equipment,
lighting and other devices have received the Energy Star label pursuant to the
program established pursuant to 42 U.S.C. § 6294a, or its successor, or meet
the requirements established pursuant to 48 C.F.R. § 23.203.

2. The standards described in subsection 1
do not apply insofar as:

(a) No items in a given class of appliances,
equipment, lighting or other devices have been evaluated to determine whether
they are eligible to receive the Energy Star label or have been designated by
the Federal Government to meet the requirements established pursuant to 48
C.F.R. § 23.203; or

(b) The purchase of new appliances, equipment,
lighting or other devices that have received the Energy Star label would not be
cost-effective in an individual instance, comparing the cost of the item to the
cost of the amount of energy that will be saved over the useful life of the item.

NRS 333.469Use of facilities of Purchasing Division by Legislative and
Judicial Departments and Civil Air Patrol; duties of Administrator.

1. Any agency, bureau, commission or
officer of the Legislative Department or the Judicial Department of the State
Government or the Nevada Wing of the Civil Air Patrol or any squadron thereof
may obtain supplies, materials and equipment on a voluntary basis through the
facilities of the Purchasing Division.

2. From time to time the Administrator
shall issue bulletins to all of such agencies, bureaus, commissions and
officers indicating the supplies, materials and equipment available and the
prices thereof.

(Added to NRS by 1963, 488; A 1975, 338; 1983, 1900)

NRS 333.470Use of facilities of Purchasing Division by Nevada System of
Higher Education, local governments and districts; duties of Administrator.

1. The Nevada System of Higher Education,
local governments as defined in NRS 354.474,
conservation districts and irrigation districts in the State of Nevada may
obtain supplies, materials and equipment on a voluntary basis through the
facilities of the Purchasing Division.

2. The Administrator shall issue bulletins
from time to time to:

(a) Each state agency;

(b) Each local governmental agency;

(c) Each irrigation district;

(d) Each conservation district; and

(e) The Nevada System of Higher Education,

Ê indicating
the supplies, materials and equipment available and the prices thereof.

3. The specifications for all bids for
supplies, materials or equipment to be furnished pursuant to the provisions of
subsection 1 must be so written that all suppliers of the market in the
industry or business concerned are given an opportunity to bid pursuant to
notice as provided for in this chapter.

NRS 333.480Purchase and acquisition of supplies, materials or equipment
from vendor who has entered into agreement with General Services Administration
or certain other governmental agencies; contractor’s license required for
agreement.

1. Except as
otherwise provided in subsection 2, the Administrator may purchase or acquire
on behalf of the State of Nevada, and all officers, departments, institutions,
boards, commissions, schools and other agencies in the Executive Department of
the State Government, volunteer fire departments, local governments as defined
in NRS 354.474, conservation districts
or irrigation districts of the State of Nevada, any supplies, materials or
equipment of any kind required or deemed advisable for the state officers,
departments, institutions, boards, commissions, schools, volunteer fire
departments and other agencies or local governments as defined in NRS 354.474, conservation districts or
irrigation districts that may be available pursuant to an agreement with a
vendor who has entered into an agreement with the General Services
Administration or another governmental agency dealing in supplies, materials,
equipment or donable surplus material if:

(a) The prices for the supplies, materials or
equipment negotiated in the agreement that the Administrator enters into with
the vendor are substantially similar to the prices for those supplies,
materials or equipment that the vendor had negotiated with the General Services
Administration or other governmental agency; and

(b) The Administrator determines that such an
agreement would be in the best interests of the State.

2. The Administrator shall not enter into
an agreement pursuant to subsection 1 if a contractor’s license issued pursuant
to chapter 624 of NRS is required for any
portion of the agreement.

1. The Administrator shall secure,
warehouse and distribute throughout the state federal donable surplus property
to tax-supported or nonprofit schools and other health and educational
institutions, to organizations for emergency management, to volunteer fire
departments, and to such other institutions or activities as are eligible
pursuant to federal law to acquire such property. The Administrator may make
such certifications, develop and sign such plans of operation, take such action
and enter into such contracts and undertakings for and in the name of the State
as are authorized or required by federal law or regulations in connection with
the receipt, warehousing and distribution of federal donable surplus property
received by him or her. The Administrator may adopt regulations, prescribe
requirements and take the necessary action to ensure maximum utilization by and
benefit to eligible institutions and organizations from the federal donable
surplus property. The Administrator shall charge the schools and institutions
receiving donable surplus property secured through the Purchasing Division, the
charge to be a percentage of the cost of acquisition or of the fair value of
the item requested that is sufficient to repay part or all of the cost of
transportation and other costs incurred in acquisition of the property.

2. All money received by the Administrator
pursuant to this section must be deposited in the State Treasury for credit to
the Surplus Property Administration Account, which is hereby created in the
State Purchasing Fund. The interest and income earned on the money in the
Account must be credited to the Account. All expenses for the distribution of
federal surplus property must be paid from the Account as other claims against
the State are paid.

3. The Administrator may discontinue
temporarily or terminate entirely the operation of purchasing and distributing
donable surplus property at any time if there is not a sufficient flow of
property to make continued employment of personnel for this purpose beneficial
to the State.

NRS 333.495Authorizations to secure transfer of federal surplus property to
state departments, agencies or political subdivisions.

1. Any provision of law to the contrary
notwithstanding, the governing board or, if there be none, the executive head
of any state department or agency or any local government as defined in NRS 354.474, conservation district or
irrigation district may, by order or resolution, confer upon any officer or
employee thereof authority to secure the transfer to it of federal donable surplus
property under this chapter and agree on behalf of the State or local
government as defined in NRS 354.474,
conservation district or irrigation district to comply with the terms and conditions
of such transfers.

2. The authority conferred upon any such
officer or employee by any such order or resolution shall remain in effect
unless and until the order or resolution is revoked and written notice of such
revocation has been received by the Administrator.

(Added to NRS by 1957, 151; A 1963, 1062; 1975, 250)

INDEPENDENT CONTRACTORS

NRS 333.700Definition; contracts for services.

1. Except as otherwise provided in NRS 333.705, a using agency may contract for the
services of a person as an independent contractor. Except as otherwise provided
by specific statute, each such contract must be awarded pursuant to this
chapter.

2. An independent contractor is a natural
person, firm or corporation who agrees to perform services for a fixed price
according to his, her or its own methods and without subjection to the
supervision or control of the other contracting party, except as to the results
of the work, and not as to the means by which the services are accomplished.

3. For the purposes of this section:

(a) Travel, subsistence and other personal
expenses may be paid to an independent contractor, if provided for in the
contract, in such amounts as provided for in the contract. Those expenses must
not be paid pursuant to the provisions of NRS
281.160.

(b) There must be no:

(1) Withholding of income taxes by the
State;

(2) Coverage for industrial insurance provided
by the State;

(3) Participation in group insurance plans
which may be available to employees of the State;

(4) Participation or contributions by
either the independent contractor or the State to the Public Employees’
Retirement System;

(5) Accumulation of vacation leave or sick
leave; or

(6) Coverage for unemployment compensation
provided by the State if the requirements of NRS
612.085 for independent contractors are met.

4. An independent contractor is not in the
classified or unclassified service of the State and has none of the rights or
privileges available to officers or employees of the State of Nevada.

5. If the contract is for services for
which a license, certificate, registration, permit or other type of
authorization is required by law, an independent contractor must hold the
appropriate, current authorization that is required by law for the services.

6. Except as otherwise provided in this
subsection, each contract for the services of an independent contractor must be
in writing. The form of the contract must be first approved by the Attorney
General, and except as otherwise provided in subsection 8, an executed copy of
each contract must be filed with the Fiscal Analysis Division of the
Legislative Counsel Bureau and the Clerk of the State Board of Examiners. The State
Board of Examiners may waive the requirements of this subsection in the case of
contracts which are for amounts less than $2,000.

7. Except as otherwise provided in
subsection 8, and except for contracts entered into by the Nevada System of
Higher Education, each proposed contract with an independent contractor must be
submitted to the State Board of Examiners. The contracts do not become effective
without the prior approval of the State Board of Examiners, except that the
State Board of Examiners may authorize its Clerk or a designee to approve
contracts which are:

(a) For amounts less than $50,000; or

(b) Entered into by the State Gaming Control
Board for the purposes of investigating an applicant for or holder of a gaming
license.

8. Copies of the following types of
contracts need not be filed or approved as provided in subsections 6 and 7:

(a) Contracts executed by the Department of
Transportation for any work of construction or reconstruction of highways.

(b) Contracts executed by the State Public Works
Division of the Department of Administration or any other state department or
agency for any work of construction or major repairs of state buildings, if the
contracting process was controlled by the rules of open competitive bidding.

(c) Contracts executed by the Housing Division of
the Department of Business and Industry.

(d) Contracts executed with business entities for
any work of maintenance or repair of office machines and equipment.

9. The State Board of Examiners shall
review each contract submitted for approval pursuant to subsection 7 to
consider:

(a) Whether sufficient authority exists to expend
the money required by the contract; and

(b) Whether the service which is the subject of
the contract could be provided by a state agency in a more cost-effective
manner.

Ê If the
contract submitted for approval continues an existing contractual relationship,
the State Board of Examiners shall ask each agency to ensure that the State is
receiving the services that the contract purports to provide.

10. If the services of an independent
contractor are contracted for to represent an agency of the State in any
proceeding in any court, the contract must require that the independent
contractor identify in all pleadings the specific state agency which he or she
is representing.

11. Except
as otherwise provided in this subsection, a contract for the services of an
independent contractor may be performed in parts or phases. A contract for the
services of an independent contract must not be split into separate contracts
for the purpose of avoiding any requirements for competitive bidding.

12. The State Board of Examiners may adopt
regulations to carry out the provisions of this section.

NRS 333.705Contracts for services: Limitations and requirements; approval
by State Board of Examiners; emergencies; reports to Interim Finance Committee;
exceptions.

1. Except as otherwise provided in this
section, a using agency shall not enter into a contract with a person to
provide services for the using agency if:

(a) The person is a current employee of an agency
of this State;

(b) The person is a former employee of an agency
of this State and less than 2 years have expired since the termination of the
person’s employment with the State; or

(c) The person is employed by the Department of
Transportation for a transportation project that is entirely funded by federal
money and the term of the contract is for more than 4 years,

Ê unless the
using agency submits a written disclosure to the State Board of Examiners
indicating the services to be provided pursuant to the contract and the person
who will be providing those services and, after reviewing the disclosure, the
State Board of Examiners approves entering into a contract with the person. The
requirements of this subsection apply to any person employed by a business or
other entity that enters into a contract to provide services for a using agency
if the person will be performing or producing the services for which the
business or entity is employed.

2. The provisions of paragraph (b) of
subsection 1 apply to employment through a temporary employment service. A
temporary employment service providing employees for a using agency shall
provide the using agency with the names of the employees to be provided to the
agency. The State Board of Examiners shall not approve a contract pursuant to
paragraph (b) of subsection 1 unless the Board determines that one or more of
the following circumstances exist:

(a) The person provides services that are not
provided by any other employee of the using agency or for which a critical
labor shortage exists; or

(b) A short-term need or unusual economic
circumstance exists for the using agency to contract with the person.

3. The approval by the State Board of
Examiners to contract with a person pursuant to subsection 1:

(a) May occur at the same time and in the same
manner as the approval by the State Board of Examiners of a proposed contract
pursuant to subsection 7 of NRS 333.700; and

(b) Must occur before the date on which the
contract becomes binding on the using agency.

4. A using agency may contract with a
person pursuant to paragraph (a) or (b) of subsection 1 without obtaining the
approval of the State Board of Examiners if the term of the contract is for
less than 4 months and the head of the using agency determines that an
emergency exists which necessitates the contract. If a using agency contracts
with a person pursuant to this subsection, the using agency shall submit a copy
of the contract and a description of the emergency to the State Board of
Examiners, which shall review the contract and the description of the emergency
and notify the using agency whether the State Board of Examiners would have
approved the contract if it had not been entered into pursuant to this
subsection.

5. Except as otherwise provided in
subsection 9, a using agency shall, not later than 10 days after the end of
each fiscal quarter, report to the Interim Finance Committee concerning all
contracts to provide services for the using agency that were entered into by
the using agency during the fiscal quarter with a person who is a current or
former employee of a department, division or other agency of this State.

6. Except as otherwise provided in
subsection 9, a using agency shall not contract with a temporary employment
service unless the contracting process is controlled by rules of open
competitive bidding.

7. Each board or commission of this State
and each institution of the Nevada System of Higher Education that employs a
consultant shall, at least once every 6 months, submit to the Interim Finance
Committee a report setting forth:

(a) The number of consultants employed by the
board, commission or institution;

(b) The purpose for which the board, commission
or institution employs each consultant;

(c) The amount of money or other remuneration
received by each consultant from the board, commission or institution; and

(d) The length of time each consultant has been
employed by the board, commission or institution.

8. A using agency, board or commission of
this State and each institution of the Nevada System of Higher Education:

(a) Shall make every effort to limit the number
of contracts it enters into with persons to provide services which have a term
of more than 2 years and which are in the amount of less than $1,000,000; and

(b) Shall not enter into a contract with a person
to provide services without ensuring that the person is in active and good
standing with the Secretary of State.

9. The provisions of subsections 1 to 6,
inclusive, do not apply to:

(a) The Nevada System of Higher Education or a
board or commission of this State.

(b) The employment of professional engineers by
the Department of Transportation if those engineers are employed for a
transportation project that is entirely funded by federal money.

(c) Contracts in the amount of $1,000,000 or more
entered into:

(1) Pursuant to the State Plan for
Medicaid established pursuant to NRS
422.271.

(2) For financial services.

(3) Pursuant to the Public Employees’
Benefits Program.

(d) The employment of a person by a business or
entity which is a provider of services under the State Plan for Medicaid and
which provides such services on a fee-for-service basis or through managed
care.

NRS 333.710Contracts for security services when personnel of Capitol Police
Division not available; use of independent contractors by Supreme Court.

1. If personnel of the Capitol Police
Division of the Department of Public Safety are not available to provide
security services for a building, office or other facility of a using agency,
the using agency may, pursuant to NRS 333.700,
contract with one or more independent contractors to provide such services.

2. If the Chief Justice of the Supreme
Court determines that additional security is needed for the safe operation of
any facility or building that is owned by or leased to the Supreme Court and
occupied by its employees, the Supreme Court may contract with one or more
independent contractors to provide security services for the facility or
building. Any contractor with whom the Supreme Court contracts for these
services is subject to the oversight of a peace officer who provides security
services for the Supreme Court and who is designated and directed by the Chief
Justice.

3. An independent contractor with whom a
using agency contracts pursuant to subsection 1 must:

(a) Be licensed as a private patrol officer
pursuant to chapter 648 of NRS or employed by
a person so licensed; and

(b) Possess the skills required of and meet the
same physical requirements as law enforcement personnel certified by the Peace
Officers’ Standards and Training Commission created pursuant to NRS 289.500.

4. An independent contractor with whom the
Supreme Court contracts pursuant to subsection 2 must be licensed as a private
patrol officer pursuant to chapter 648 of NRS
or employed by a person so licensed.

NRS 333.800Prohibited acts by bidders before award of contract; penalty.

1. Before a contract is awarded, a person who
has provided a bid or proposal on the contract or an officer, employee,
representative, agent or consultant of such a person shall not:

(a) Make an offer or promise of future employment
or business opportunity to, or engage in a discussion of future employment or
business opportunity with, the Administrator, a purchasing officer or an
employee of the using agency for which the contract is being offered;

(b) Offer, give or promise to offer or give
money, a gratuity or any other thing of value to the Administrator, a
purchasing officer or an employee of the using agency for which the contract is
being offered; or

(c) Solicit or obtain from the Administrator, a
purchasing officer or an employee of the using agency for which the contract is
being offered:

(1) Any proprietary information regarding
the contract; or

(2) Any information regarding a bid or
proposal on the contract submitted by another person, unless such information
is available to the general public.

2. A person who violates any of the provisions
of subsection 1 is guilty of a gross misdemeanor and shall be punished by
imprisonment in the county jail for not more than 364 days, or by a fine of not
less than $2,000 nor more than $50,000, or by both fine and imprisonment.

NRS 333.810Purchases and contracts made contrary to provisions of chapter
void; liability of state officers and employees; exception.

1. Except as otherwise provided in
subsection 3, any purchase and any contract for the purchase of any service,
supplies, materials or equipment, made or entered into by any state officer,
department, institution, board, commission or agency contrary to the provisions
of this chapter and the rules and regulations of the Administrator promulgated
pursuant thereto, shall be void; but the head of the using agency and the
employee who actually made such purchase or entered into such contract shall be
personally liable for the costs of any service, supplies, materials or
equipment delivered pursuant to such purchase or contract.

2. Any contract made with any person, firm
or corporation shall be void if any member, officer or employee of any using
agency taking part in the making of such contract is also an officer or
employee or owner of a substantial part or interest in such firm or
corporation.

3. The provisions of this section do not
apply to a contract for the purchase of any service, supplies, materials or
equipment for a public work that is awarded in compliance with chapter 338 of NRS.

4. As used in this section, “public work”
has the meaning ascribed to it in NRS
338.010.

NRS 333.820Purchase of information system or system of communication for
use by response agency.

1. On and after October 1, 2005, the
Administrator, the Purchasing Division or a using agency shall not purchase an
information system or system of communication for use by a response agency
unless the system complies with the plan established pursuant to subsection 6
of NRS 239C.160.

2. On and after October 1, 2005, any grant
or other money received by the Administrator, the Purchasing Division or a
using agency from the Federal Government for the purchase of an information
system or system of communication for use by a response agency must not be used
to purchase such a system unless the system complies with the plan established
pursuant to subsection 6 of NRS 239C.160.

3. As used in this section:

(a) “Information system” has the meaning ascribed
to it in NRS 239C.060.